GOLAM GAUS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and sentence dated 17th September, 1998, passed by learned Additional Sessions Judge, Birbhum at Rampurhat in Sessions Trial No. 3 of 1997 corresponding to Sessions Case No. 16 of 1997 sentencing thereby each of the two accused persons, namely, Golam Gous alias Mulu and Chand Mahammad alias Amir Chand to suffer imprisonment for life and to pay fine of Rs. 1000/- each in default to suffer simple imprisonment for one year under Section 302 read with Section 34 and 326 IPC.

(2.) The prosecution case, in short, may be delineated as follows:

(3.) On the basis of the FIR (Ext.1) lodged by Allarekha (P.W.1) with Rampurhat Police Station, said Police Station Case No. 4 dated 9th January, 1997 under Sections 326/307/34 IPC and 9B (2) of the Explosives Act was started, but due to demise of seriously injured Ali Mahammad, Section 302 IPC was added. Investigation was taken up by S.I Falguni Majhi (P.W.12) who on completion of investigation submitted charge-sheet under Sections 302/34, 307/34, 326/34 and 9B (2) of Explosives Act read with Section 34 IPC against both the accused persons.